in the Court of Appeals 5 October 2016.
by Defendant from judgment entered 8 October 2015 by Judge
Michael D. Duncan in Randolph County Superior Court No.
Attorney General Joshua H. Stein, by Assistant Attorney
General Bethany A. Burgon, for the State.
P. Vitrano for the Defendant.
May Frazier ("Defendant") appeals from the trial
court's judgment convicting her of negligent child abuse.
For the following reasons, we vacate and remand.
was indicted for negligent child abuse based on injuries
discovered on her young child. A jury found Defendant guilty
of the charge. The trial court entered judgment based on the
jury verdict. Defendant timely appealed.
Standard of Review
review a trial court's ruling permitting amendment of an
indictment de novo. See State v. Brinson,
337 N.C. 764, 767, 448 S.E.2d 822, 824 (1994).
appeal, Defendant contends that the trial court committed
reversible error during the trial by permitting the State to
amend the indictment. After careful review, we agree with
Defendant for the reasons stated below. Accordingly, we
vacate the judgment and remand the matter to the trial court
for further proceedings not inconsistent with this opinion.
was indicted for negligent child abuse under N.C. Gen. Stat.
§ 14-318.4(a5) (2015) after Asheboro police discovered
her unconscious in her apartment with track marks on her arms
and her nineteen-month old child exhibiting signs of physical
injury. Under § 14-318.4(a5), a parent of a young child
is guilty of negligent child abuse if the parent's
"willful act or grossly negligent omission in the care
of the child shows a reckless disregard for human life"
and the ...